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(영문) 제주지방법원 2019.01.28 2018고단1027
상해등
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Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 01:19 on February 23, 2018, the Defendant: (a) purchased goods at a convenience store located in Jeju-si, Jeju-si, and (b) inflicted injury on the victim, i.e., an owner of the goods, such as d (55 years of age) and plastic bags, by assaulting the victim, such as sprinking the victim’s breath, sprinking, pushing the victim, pushing the victim out of convenience stores, leading the victim out of convenience stores, and cutting down the victim out of convenience stores, thereby causing injury to the victim, such as sprinking down on the left side of the upper left side, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A medical certificate of injury and a medical certificate;

1. A CD;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Selection of a selective fine for punishment: Consideration shall be taken into account the reflection of the punishment, the fact that it is an contingent crime, and the fact that a victim is deposited as a victim and deposits two million won;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. At around 02:00 on May 11, 2018, the Defendant committed assault against the victim by having the victim go beyond the ground floor by putting her head debt down on her hand, while she was sleeped from the victim G(s) who has a fluent relationship with the Defendant at the F Hotel parking lot in Jeju, Jeju, about 34 years old.

2. The above facts charged are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

Since the above victim withdrawn his/her wish to punish the defendant on July 2, 2018, which was after the prosecution of this case was instituted, the prosecution of assault among the facts charged of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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